Animal Health and Welfare Act 2013
Number 15 of 2013
ANIMAL HEALTH AND WELFARE ACT 2013
REVISED
Updated to 28 June 2024
This Revised Act is an administrative consolidation of the Animal Health and Welfare Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Employment Permits Act 2024 (17/2024), enacted 25 June 2024, and all statutory instruments up to and including the Control of Salmonella Regulations 2024 (S.I. No. 305 of 2024), made 19 June 2024, were considered in the preparation of this revision.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 15 of 2013
ANIMAL HEALTH AND WELFARE ACT 2013
REVISED
Updated to 28 June 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
3. Laying of regulations and orders.
6. Disposal of moneys received by Minister.
Prevention and Control of Animal Disease
7. Application of Act to disease.
8. Prohibition on farm animals straying.
9. Disease eradication areas. (Repealed)
10. Prohibition on spreading disease.
Animal Welfare
11. Duty to protect animal welfare.
12. Prohibition on animal cruelty.
14. Prohibition on abandonment of animals.
15. Prohibition on animal fighting, etc.
16. Prohibited operations and procedures.
18. Protection of animals from poison.
19. Inspection of protected animals and equipment.
20. Records as regards intensive units.
21. Welfare of animals during sale.
22. Regulation of sale of animals to minors.
23. Humane destruction of animal.
24. Measures relating to animals in distress.
Codes of Practice
Animal Health Levies
27. Duty to pay levy before export of live animals.
28. Animal health levy due and payable.
Destruction, Disposal, etc., of Animals
34. Limitation on compensation.
35. Abatement of compensation.
Regulations Relating to Animal Health and Welfare
36. Animal health and welfare regulations.
36A. Compliance with EU Regulations - offence and penalty.
Enforcement
37. Appointment of authorised officer.
38. Functions of authorised officer.
38A. Costs of detention of seized animal.
39. Power of member of Garda Síochána to arrest without warrant.
40. Search of suspects and stopping vehicles.
41. Assistance to authorised officer.
42. Animal health and welfare notice.
43. Appeal against animal health and welfare notice.
44. Seizure and detention for non-compliance with notice.
46. Obstruction and false statements.
Local Authorities
47. Functions of local authorities.
48. Default of local authority.
Proceedings and Sanctions
50. Evidence of laboratory analysis on certificate, etc.
56. Presumption of ownership in relation to animals.
57. Forfeiture — equipment, animal product, etc.
59. Seizure of animals in connection with disqualification.
61. Person incapable of taking care of animals.
62. Proof and authentication of certain documents.
Animal Tracing Systems
PART 12 (Repealed)
Animal Marts
65. Definitions. (Repealed)
66. Prohibition of unlicensed animal marts, etc. (Repealed)
67. Grant of licences for animal marts, etc. (Repealed)
68. Power of Minister to revoke or refuse licence. (Repealed)
69. Appeal against refusal or revocation of licence. (Repealed)
70. Regulations in relation to animal marts. (Repealed)
71. Application (Part 12). (Repealed)
Prohibition on Fur or Skin Farming
71C. Seizure under section 38 of specified animal: supplementary provisions.
71D. Compensation for licensees under Musk Rats Act 1933.
71F. Assignment of application to assessor.
71G. Assessor may require or seek further information or documents.
71H. Failure by applicant to cooperate.
71K. Remission of determination to Minister.
71L. Payment of compensation by Minister.
71M. Revocation of licences under Musk Rats Act 1933.
Miscellaneous
75. Continuance of certain instruments.
Amendment of Certain Enactments
76. Amendment of Animal Remedies Act 1993. (Repealed)
77. Amendment of section 17 of Dog Breeding Establishments Act 2010.
78. Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011.
Enactments Repealed
Diseases to which Act applies
Matters in respect of which Animal Health and Welfare Regulations may be made
Statutory Instruments considered to be Animal Health and Welfare Regulations
Acts Referred to
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Agricultural and Fishery Products (Regulation of Export) Act 1947 |
1947, No. 18 |
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1938, No. 14 |
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2001, No. 29 |
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1998, No. 24 |
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1993, No. 23 |
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2010, No. 1 |
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Bee Pest Prevention (Ireland) Act 1908 |
8 Edw. 7, c.34 |
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1996, No. 5 |
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1979, No. 26 |
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2009, No. 18 |
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Captive Birds Shooting (Prohibition) Act 1921 |
11 & 12 Geo. 5, c.13 |
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 |
2010, No. 24 |
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1947, No. 27 |
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1963, No. 33 |
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Companies Acts |
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1985, No. 13 |
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1986, No. 32 |
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Control of Dogs Acts 1986 to 2010 |
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1996, No. 37 |
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1992, No. 12 |
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1984, No. 22 |
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2006, No. 26 |
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Customs Acts |
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Data Protection Acts 1988 and 2003 |
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2001, No. 3 |
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1966, No. 6 |
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2010, No. 29 |
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1996, No. 1 |
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Dublin Police Act 1842 |
5 & 6 Vict., c.24 |
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2000, No. 27 |
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1972, No. 27 |
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1936, No. 20 |
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1950, No. 9 |
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Garda Síochána Act 2005 |
2005, No. 20 |
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Importation of Plumage (Prohibition) Act 1921 |
11 & 12 Geo. 5, c.16 |
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Industrial and Provident Societies Act 1893 |
56 & 57 Vict., c.39 |
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2006, No. 3 |
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1995, No. 29 |
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1967, No. 20 |
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2001, No. 37 |
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Markets and Fairs (Weighing of Cattle) Act 1887 |
50 & 51 Vict., c.27 |
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Markets and Fairs (Weighing of Cattle) Act 1891 |
54 & 55 Vict., c.70 |
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2001, No. 25 |
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1933, No. 16 |
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2000, No. 2 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vict., c.93 |
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1947, No. 49 |
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1965, No. 10 |
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Protection of Animals Act 1911 |
1 & 2 Geo. 5, c.27 |
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1984, No. 13 |
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Public Health (Ireland) Act 1878 |
41 & 42 Vict., c.52 |
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1935, No. 45 |
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1935, No. 37 |
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1936, No. 33 |
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1934, No. 42 |
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Town Police Clauses Act 1847 |
10 & 11 Vict., c.89 |
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Towns Improvement (Ireland) Act 1854 |
17 & 18 Vict., c.103 |
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2005, No. 22 |
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2012, No. 25 |
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2011, No. 29 |
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1968, No. 26 |
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1984, No. 11 |
Number 15 of 2013
ANIMAL HEALTH AND WELFARE ACT 2013
REVISED
Updated to 28 June 2024
AN ACT TO REVISE THE LAW RELATING TO THE HEALTH AND WELFARE OF ANIMALS AND THEIR PROTECTION AND IDENTIFICATION; TO PROVIDE FOR THE REGULATION OF CERTAIN ACTIVITIES RELATING TO ANIMALS; TO PREVENT CRUELTY TO ANIMALS; TO MAKE PROVISION FOR THE LICENSING OF ANIMAL MARTS AND FOR LEVIES FOR THE PURPOSES OF ANIMAL HEALTH AND THE CONTROL OF ANIMAL DISEASES; TO REPEAL VARIOUS ENACTMENTS RELATING TO ANIMALS; TO AMEND THE DOG BREEDING ESTABLISHMENTS ACT 2010, THE ANIMAL REMEDIES ACT 1993 AND THE WELFARE OF GREYHOUNDS ACT 2011 AND TO PROVIDE FOR RELATED MATTERS.
[29th May, 2013]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
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Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
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No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
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Number and Year (1) |
Short Title (2) |
Provision (3) |
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... |
... |
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No. 15 of 2013 |
Animal Health and Welfare Act 2013 |
The whole Act. |
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... |
... |
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Editorial Notes:
E1
Note regulations to control avian influenza: European Union (Control of Avian Influenza) Regulations 2006 (S.I. No. 701 of 2006), as amended by S.I. Nos. 223 and 570 of 2014, made under European Communities Act 1972 (27/1972), s. 3.
E2
Note previous affecting provision: European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2016), made under European Communities Act 1972 (27/1972), s. 3; revoked (13.05.2023) by European Union (Animal Identification and Tracing) Regulations 2023 (S.I. No. 254 of 2023), reg. 41(1)(i), subject to transitional provisions in paras. (2)-(6).